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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Global Crisis

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often kept in appalling situations and denied proper healthcare. Some miscarry, others deliver and give birth unassisted in a cell. Sadly, infants die while incarcerated.

"Governments think it’s a small number of women so it’s insignificant, but that is a misconception," notes a lawyer working on female imprisonment.

"Prison is not a good place for women, not to mention someone who is expecting," she continues. "Extensive evidence that shows how damaging it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These rules state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women during labour.

However, these guidelines are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."